Dishonoured of cheque

MN Dhungel (Querist) 09 September 2012 This query is : Resolved
Sir
What is the process of making a criminal case against Drawer of a cheque as the cheque is dishonored.

Do i need to go to Police Station for Lodging FIR.

FIR Necessary?

Kindly help as soon as possible.

Thank you

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prabhakar singh (Expert) 09 September 2012
No you do not need to go to police.

Either you need to read section 138 of Negotiable Act or need to take following steps:

1)you need to send a notice of demand in writing of amount of cheque from its'drawer within 30 days to be counted from the date you received the intimation of dishonor of cheque from your bank.

2)If the drawer does not pay you within 15 days the amount of cheque after service of your demand notice,then his this default gives you right to file a criminal complaint casein court of magistrate having jurisdiction well with in time of a month.

Better seek services of lawyer since the process is cumbersome to understand and follow correctly.